Wait Goes On For New General District Court Judge

April 10, 2009|By CORY NEALON, cnealon@dailypress.com 757-247-4760

GLOUCESTER — The wait continues for four attorneys hoping to become Gloucester's next General District Court judge.

The General Assembly did not fill the post - or 11 other judgeships statewide - after meeting Wednesday in Richmond. As a result, three Circuit Court judges in Gloucester will name a temporary judge sometime after May 1.

State lawmakers met in a veto session, which precludes them from certain action, such as appointing judges.

Morgan said Kaine declined to call a special session, which enables lawmakers to make judicial appointments and discuss other matters. Kaine did so, Morgan suggested, because he wants more control over the appointments.

"It's an improper use of his power," Morgan said.

Gordon Hickey, a spokesman for Kaine, said he wasn't sure if Kaine was asked to call a special session. Furthermore, he said, it's the duty of the General Assembly to fill judicial vacancies during its 45-day winter session.

"This has nothing to do with Governor Kaine," Hickey said. "It's the right of the General Assembly to appoint judges. They had 45 days to do this."

The Circuit Court judges will make the decision after May 1, when current General District Judge R. Bruce Long assumes the circuit post being vacated by William H. Shaw III. Then Long and circuit judges Thomas B. Hoover and Samuel T. Powell III will appoint the new general district judge.

The reason for the wait, Morgan said, is to allow Shaw to retire and avoid a conflict of interest. His son, Jeffrey W. Shaw, is among the candidates for the job. The others are: Thomas C. Bowen III, Richard M. Foard, and Robert D. Hicks.

The new judge will serve until early next year, when the General Assembly next meets and, presumably, fills the post.

Morgan criticized the procedure because it forces the attorney to give up his practice - or, in Hicks' case, the commonwealth's attorney position in Gloucester - without being assured he will retain the judgeship after the General Assembly meets next year.